1 2025:CGHC:12143 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Criminal Appeal No. 150 of 2025 • Meena Verma D/o Krishna Prasad Verma, Aged About 33 Years, R/o Village Rawan, Police Station City Kotwali, Balodabazar, District- Balodabazar- Bhatapara ( C.G.) ... Appellant Versus • State of Chhattisgarh, Through- Station House Officer, Police Station City Kotwali, Balodabazar, District- Balodabazar- Bhatapara ( C.G.). ... Non-Appellant For Appellant : Mr. Hanuman Prasad Agrawal, Advocate For Non-Appellant/State : Mr. Pramod Shrivastava, Deputy Government Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Judgment on Board 11/03/2025 1. In the present case, notice was issued to the complainant/victim as per rules vide order dated 21.01.2025. The notice returned unserved as the complainant has gone somewhere else for her livelihood, therefore the matter is heard finally. 2. The appellant has filed this appeal under the provisions of Section 14(A) (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 for the grant of anticipatory bail against the order dated 07.01.2025 passed by the learned Special Judge (Atrocities) Balodabazar, District Balodabazar-Bhatapara (C.G.), whereby the learned Special Judge rejected the bail application filed under the provisions of Section 482 of Bhartiya Nagarik Suraksha Digitally signed by RAMESH KUMAR VATTI 2 Sanhita. The appellant has been accused in connection with Crime No. 617/2023, registered at Police Station City Kotwali, Balodabazar, District Balodabazar-Bhatapara (C.G.) for the commission of offences punishable under Sections 409, 420, 120(b) read with Section 34 of IPC and Sections 3(2)(v) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 3. Mr. Hanuman Prasad Agrawal, learned counsel appearing for the appellant would argue that the appellant was granted anticipatory bail in MCRCA No. 1060 of 2023 vide order dated 05.10.2023. He would contend that on 31.12.2024, the police filed the charge sheet and added Sections 3(2)(v) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, whereas there are no ingredients of those sections. He would further submit that the allegation against the appellant is that while working as an Agent, she approached the complainant to open a bank account. He would further contend that a bank account was opened, but the amount of Rs.1,00,000/- collected from the complainant was not deposited in her account. He would also contend that the act of the appellant, if any, was not committed by the appellant knowing the fact that the complainant belongs to a particular caste/category. He would pray to grant anticipatory bail. 4. On the other hand, Mr. Pramod Shrivastava, learned Deputy Government Advocate appearing for the State/non-appellant would oppose. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the fact that earlier, anticipatory bail was granted to the appellant and while filing the charge sheet on 3 31.12.2024 the police added Sections 3 (2) (v) and 3 (2) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and prima facie there is no allegation that the appellant committed offence knowing the fact that the complainant belongs to a particular category, this Court is of the opinion that the present is a fit case for the grant of anticipatory bail to the appellant. Accordingly, the appeal is allowed and the impugned order is set aside. 7. It is directed that in the event of the arrest of the appellant in connection with the aforesaid offence, she shall be released on bail on her furnishing a personal bond in the sum of Rs.50,000/- to the satisfaction of the arresting officer on the following conditions:- (i) She shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such fact to the Court; (ii) She shall not act in any manner which will be prejudicial to a fair and expeditious trial; (iii) She shall appear before the trial Court on each and every date given to her by the said Court till disposal of the trial; and (iv) She shall not involve herself in any offence of a similar nature in future. Sd/- (Rakesh Mohan Pandey) Judge vatti